BILL NUMBER: SB 792	CHAPTERED
	BILL TEXT

	CHAPTER  345
	FILED WITH SECRETARY OF STATE  SEPTEMBER 26, 2011
	APPROVED BY GOVERNOR  SEPTEMBER 26, 2011
	PASSED THE SENATE  APRIL 25, 2011
	PASSED THE ASSEMBLY  AUGUST 25, 2011

INTRODUCED BY   Senator Steinberg

                        FEBRUARY 18, 2011

   An act to amend Section 2762 of the Public Resources Code,
relating to mining.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 792, Steinberg. Surface mining: mineral resource management
policies.
   The Surface Mining and Reclamation Act of 1975 prohibits a person,
with exceptions, from conducting surface mining operations unless a
permit is obtained from, a reclamation plan is submitted to and
approved by, and financial assurances for reclamation have been
approved by, the lead agency for the operation. Existing law requires
a lead agency, within 12 months of certain occurrences, to
establish, in accordance with state policy, mineral resource
management policies to be incorporated into the lead agency's general
plan. Existing law requires these policies to, among other things,
assist in the management of land use that affects areas of statewide
and regional significance.
   This bill would instead require the policy to assist in the
management of land use that affects access to areas of statewide and
regional significance. The bill would also make technical changes.



THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 2762 of the Public Resources Code is amended to
read:
   2762.  (a) Within 12 months of receiving the mineral information
described in Section 2761, and also within 12 months of the
designation of an area of statewide or regional significance within
its jurisdiction, a lead agency shall, in accordance with state
policy, establish mineral resource management policies to be
incorporated in its general plan that will:
   (1) Recognize mineral information classified by the State
Geologist and transmitted by the board.
   (2) Assist in the management of land use that affects access to
areas of statewide and regional significance.
   (3) Emphasize the conservation and development of identified
mineral deposits.
   (b) A lead agency shall submit proposed mineral resource
management policies to the board for review and comment prior to
adoption.
   (c) A subsequent amendment of the mineral resource management
policy previously reviewed by the board shall also require review and
comment by the board.
   (d) (1) If an area is classified by the State Geologist as an area
described in paragraph (2) of subdivision (b) of Section 2761 and
the lead agency either has designated that area in its general plan
as having important minerals to be protected pursuant to subdivision
(a), or otherwise has not yet acted pursuant to subdivision (a), then
prior to permitting a use that would threaten the potential to
extract minerals in that area, the lead agency shall prepare, in
conjunction with preparing, if required, an environmental document
required by Division 13 (commencing with Section 21000), or if, a
statement specifying its reasons for permitting the proposed use, and
shall forward a copy to the State Geologist and the board for
review.
   (2) If the proposed use is subject to the requirements of Division
13 (commencing with Section 21000), the lead agency shall comply
with the public review requirements of that division. Otherwise, the
lead agency shall provide public notice of the availability of its
statement by all of the following:
   (A) Publishing the notice at least one time in a newspaper of
general circulation in the area affected by the proposed use.
   (B) Directly mailing the notice to owners of property within
one-half mile of the parcel or parcels on which the proposed use is
located as those owners are shown on the latest equalized assessment
role.
   (3) The public review period shall not be less than 60 days from
the date of the notice and shall include at least one public hearing.
The lead agency shall evaluate comments received and shall prepare a
written response. The written response shall describe the
disposition of the major issues raised. In particular, if the lead
agency's position on the proposed use is at variance with
recommendations and objections raised in the comments, the written
response shall address in detail why specific comments and
suggestions were not accepted.
   (e) Prior to permitting a use that would threaten the potential to
extract minerals in an area classified by the State Geologist as an
area described in paragraph (3) of subdivision (b) of Section 2761,
the lead agency may cause to be prepared an evaluation of the area in
order to ascertain the significance of the mineral deposit located
in the area. The results of the evaluation shall be transmitted to
the State Geologist and the board.